People ex rel. School District No. 1 v. Ryan

17 Mich. 159, 1868 Mich. LEXIS 49

Opinion

The Court held that the return was satisfactory and sufficient, and that it was the proper return to be made under the circumstances; and that the old common law rule as to such returns had been abolished by this court, and there was no practical difficulty in framing proper issues from such a ruling under the practice of this court, as no right to a writ could exist, unless the facts should be either admitted or proved, and a party can not be compelled, under oath, to admit or deny what he has no means of knowing with certainty.

Ordered, that the cause be sent down to Houghton Cir-‘ Quit to be tried on such issue.

Motion denied.